Proposed Amendment to Rule of Procedure 2201 (Appointment and Authority)

Proposed Amendment to Rule of Procedure 2201 (Appointment and Authority)

The State Bar seeks public comment on a proposal to amend rule 2201 of the State Bar Rules of Procedure, which governs matters where the Office of Chief Trial Counsel (OCTC) is recused.​

Deadline: November 12, 2021

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.

Background

Pursuant to rule 2201, when OCTC is recused, the inquiry or complaint is referred to the special deputy trial counsel (SDTC) administrator. The administrator conducts a preliminary review to determine whether to close the matter or to appoint an SDTC to investigate the matter further. The current rule provides that both the administrator and each SDTC act in the place of the chief trial counsel (CTC) with regard to an inquiry, complaint, or other matter and any resulting investigation or prosecution.

Discussion/proposal

The following amendments are proposed for public comment by this item:

  • Relocate current subparagraph (e)(1) to new subparagraph (c)(3) in order to vest the CTC’s powers and duties in the SDTC administrator only. The purpose of this amendment is to authorize more supervision in the SDTC administrator and to ensure a greater level of consistency in decision-making, settlement, and prosecutions.
  • Add new subparagraph (c)(2) to provide for an alternate SDTC administrator to exercise the powers and duties of the SDTC administrator.
  • Revise and renumber current subparagraph (c)(2) and (c)(3) to add “delegee” to provide flexibility to the SDTC administrator to delegate the duties described in these subparagraphs to an appropriate SDTC, as may be necessary to allow the performance of the SDTC administrator’s additional supervisory duties.
  • Add new subparagraph (e)(1) to clarify that SDTCs and the administrator are subject to the oversight of Regulation and Discipline Committee (RAD).
  • Remove provisions in paragraph (f) that permit the State Bar’s Office of General Counsel to be designated to remove the SDTCs or the SDTC administrator. Under the proposed amended rule, only the chair of RAD will have the authority to remove SDTCs or the SDTC administrator.
  • To conform to current practice: revise current paragraph (g) to require that the administrator provide a full report to RAD at each of its regularly scheduled meetings; revise current paragraph (f) to substitute the term “track” for “monitor;” revise current subparagraph (e)(3) to provide for reimbursement of “approved” reasonable expenses.
Any fiscal/personnel impact

None

Background material
Source

Regulation and Discipline Committee

Deadline

November 12, 2021

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.